해상적하보험에 있어서 신협회적하 약관에 관한 연구

Abstract

ABSTRACT A Study on the New Institute Cargo Clause in the Marine Cargo Insurance ZHANG HUI Advisor : Prof. Lee Jeong-Ho, Ph.D. Department of International Trade Graduate School of Chosun University In commercial deal with the sea for move of articles between nations, the conclusion of the insurance contract on cargo at the sea is the compulsory factor. In the near day, almost 80% of the world trade quantity are depended upon the sea transportation by the ship and therefore, the international trade and the transportation have the indivisible relations. However, there exists a lot of the peculiar danger in the sea, and also exists the dangerous factor of the sea peculiar danger. Accordingly, the persons concerned of the trade dealing will be prepared the accidental damage and loss with cover of the insurance on cargo at the sea in order to escape such a danger. This kind of the insurance on cargo at the sea will be concluded the insurance on cargo at the sea between the insurer and the policyholder, and in case that the insured incident will be generated the insurant accident from the contract of the insurance on cargo at the sea, the insured person will receive the insured amount. The agreement on cargo in society established and used by London Insurer Association at present are divided by all 6 sorts. The agreement on cargo in society that was continuously used from former was revised in the year of 1982. The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd's Market Association (LMA) have issued the recised version of Institute Cargo Clauses A. B. C. Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. These Clauses are dated 1/1/09 and replace the previous Clauses which were in use since 1/1/1982. The 2009 modifications to the clauses are advantageous to the insured and clarify market terms and practice. The effects of the revision are summarised below. ① Exclusion 4.3 - Insufficiency of Packing has been clarified - if a container is stowed by an independent contractor prior to attachment of cover. the exclusion does not apply. ② Exclusion 4.5 - the word “proximately" is deleted as delay cannot be a proximate cause of loss. ③ Exclusion 4.6 has been replaced by the Insolvency Exculsion from the Commodity Trades Clauses thereby covering a “purchase in good faith under a binding contract". This clause is considered more favourable to the Insured. ④ “Terrorism" is defined (exclusion 7.3 and 7.4) - “caused by any person acting from a political. ideological. or religious motive".⑤ Duration Clause: The point of Attachment has been extended to “the time the subject matter is first moved in the warehouse" rather than “time the goods leave the warehouse". Termination has also been altered to read “on completion of unloading" rather than “on delivery". ⑥ Termination of the Contract of Carriage has been clarified to allow for continuation of cover upon request if the transit ceases before unloaring. ⑦ The change of voyage clause (Clause 10) has been amended by the removal of the words “held covered" and by providing cover in a “phantom ship" situation. ⑧ Seceral modifications are made to standardise the wording - “underwriter" replaced by “insurers". “Employees" in place of “Servants".